Law Society-v-Duncan Hamish Edward Kerr

Edinburgh 15 November 2012.  The Tribunal having considered the Complaint dated 20 April 2012 at the instance of the Council of the Law Society of Scotland against Duncan Hamish Edward Kerr, 88 Willowbank Road, Aberdeen; Find the Respondent guilty of Professional Misconduct in respect of his failure to comply with the terms of the common law standard applicable to a solicitor acting on behalf of a lender in a conveyancing transaction and in particular his failure to report to his client unusual circumstances; his failure to comply with the explicit instructions provided to him by his client being the obligations imposed on him as provided for within the CML Lenders Handbook applicable to Scotland; his failure to act with absolute propriety and to protect the interests of his client being the lender in respect of each transaction; and his failure to comply with Rule 24 of the Solicitors (Scotland) Accounts etc Rules 2001; Order that the name of the Respondent be Struck Off the Roll of Solicitors in Scotland; Find the Respondent liable in the expenses of the Complainers and of the Tribunal including expenses of the Clerk, chargeable on a time and line basis as the same may be taxed by the Auditor of the Court of Session on an agent and client, client paying basis in terms of Chapter Three of the last published Law Society’s Table of Fees for general business with a unit rate of £14.00; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent.

 Alistair Cockburn

  Chairman